SEJMAL Vs. ANOPCHAND

JUDGEMENT

(1.) THIS is a revision against a decision of the Court of Civil Judge, Bhilwara, dated the 17th of February, 1951.

(2.) ONE Anop Chand filed a suit against Ajit Singh and 13 other persons as 'punches' of the 'oswal' community on an allegation that a certain house was in the lawful possession of the plaintiff but the defendants as 'punches' of the 'oswal' community had wrongfully dispossessed him on the 23rd of July, 1949. The suit was instituted for possession of the property under section 9 of the Special Relief Act. After the institution of the suit, it appears that the plaintiff wanted to take advantage of the provisions of O. 1, R. 8 of the Civil Procedure Code and a notice was issued in the 'nav-jeewan' newspaper of the issue of 20th December, 1949, intimating the institution of the suit against the 'punches' of the 'oswal' community of Bhilwara in their representative capacity and inviting any person interested in defending the suit to become party if he so liked. Fourteen persons who were defendants Nos. 15 to 28 applied on 2nd of July, 1950, for being made parties to the suit and were so made. The Civil Judge, Bhilwara, after trial found that the plainiff was in possession of the property and had been wrongfully dispossessed as alleged by him on the 23rd of July, 1949. He accordingly decreed the suit. The decree being non-appealable, 24 of the defendants have come up in revision while four of the defendants were made respondents.